The proposal
The proposal
The property owner has applied to rezone 1522 S. Salisbury Blvd from R-5A Residential to General Commercial. Here's what that means, in plain English — and what the requested zoning would permit.
Current designation
R-5A, Residential. The property shares this designation with the Canal Woods condominium development directly across Route 13. The City's Future Land Use Map in the 2010 Comprehensive Plan designates the site as High Density Residential, and the current draft of the updated Comprehensive Plan does not propose changes to that designation.
Requested designation
General Commercial. Under Salisbury zoning § 17.36, this district permits a broad list of by-right commercial uses, plus additional uses by special exception. See the side-by-side comparison below.
Location
1522 S. Salisbury Blvd. The site sits on a peninsula that extends into Tony Tank Pond, with frontage along U.S. Route 13. It is surrounded on the remaining three sides by Wicomico County — primarily R-20 Residential beyond the pond, with County General Commercial on the left and right along Route 13.
What has not been submitted
No specific development plan. The applicant's letter states the rezoning is requested in the event the owner or his heirs may wish to pursue commercial development in the future. The current request concerns rezoning rights and the list of permitted uses, not a particular project.
Why the use-list matters
Once a property is rezoned to General Commercial, the full list of by-right uses in § 17.36 becomes available to the current and any future owner. Conditions placed by the City Council during rezoning "cannot be used to limit uses otherwise permitted in the zoning district." — Staff report, p. 3
The use lists
What's allowed under General Commercial
Examples drawn directly from Salisbury zoning code § 17.36 (General Commercial) and § 17.44 (Select Commercial). For the complete official lists, see the documents page.
The summaries below are not exhaustive. They reflect categories included in the applicant's rezoning packet and the City zoning code excerpts attached to the staff report. Always consult the City of Salisbury for the authoritative current list.
General Commercial (requested)
§ 17.36Examples permitted by right
- Apartment units (per ch. 17.168)
- Bank
- Bakery
- Boardinghouse / rooming house
- Restaurants
- Retail sales
- Office or office building
- Mixed-use building (per comprehensive site plan)
- Neighborhood shopping center up to 30,000 sq ft
- Parking garage, public or private
- Radio or television broadcasting station or studio
- School of special instruction
- Group domiciliary care facility
- Townhouse development (per ch. 17.224)
Examples permitted by special exception
- Animal hospital or kennel (with outside pens or runs)
- Bus terminal
- Tavern / nightclub uses
- Gas station
- Car wash
- Equipment repair facility
- Warehouse uses
- Cannabis dispensary (on-site consumption prohibited)
Select Commercial (staff alternative)
§ 17.44Examples permitted by right
- Apartment above the first floor (per ch. 17.168)
- Bakery up to 2,000 sq ft
- Theater (excluding drive-in)
- Group domiciliary care facility
Examples permitted by special exception
- Community shopping center up to 300,000 sq ft (per ch. 17.212)
- Convention center with or without hotel/motel rooms
- Motel or hotel over 50 rooms
- Neighborhood shopping center over 30,000 sq ft
- Sports arena or stadium
Staff noted that Select Commercial has a "more succinct list of uses and would require Comprehensive Site Plan approval for any proposed development" — giving the Planning Commission additional review authority that General Commercial does not provide.